ATHENS CONVENTION 1974 and 2002 PROTOCOL

Athens Convention 1974, and its successor the 2002 Protocol, provide a liability and
insurance regime for passenger ships with regard to passengers and their luggage.
Together, they aim to improve compensation for passengers who suffer damages and
improve the safety of maritime transport.

The Convention and Protocol also set financial limits of liability for carriers in respect of claims
brought by passengers and a two-year time bar for claims to be made, which is typically calculated
from the time the passenger disembarked from the vessel.

ATHENS CONVENTION 1974

A carrier is liable for damage suffered as a result of the death of, or personal injury to, a passenger,
or loss or damage to luggage, if: – the incident occurred during the course of carriage; and – the
incident was due to the fault or neglect of the carrier (fault is presumed in incidents of shipwreck,
collision, stranding, explosion, fire or defect in the ship, unless the contrary is proven). The carrier
could limit its liability, unless it

ATHENS PROTOCOL 2002

Death or personal injury

The 2002 Protocol substantially raised the limit of liability for the death of, or personal injury to, a
passenger to 250,000 SDR per passenger on each distinct occasion.

If the death or personal injury is caused by a ‘shipping incident’, the carrier is strictly liable unless the
carrier proves that the incident:

– resulted from an act of war, hostilities, civil war, insurrection or a natural phenomenon of an
exceptional, inevitable and irresistible character; or

– was wholly caused by an act or omission done with the intent to cause the incident by a third
party.

A ‘shipping incident’ is the shipwreck, capsizing, collision or stranding of the ship, explosion or fire
in the ship, or defect in the ship.

Damage to luggage and vehicles

The carrier is liable for loss of, or damage to, cabin luggage and there is a presumption of fault if the
loss results from a ‘shipping incident’. The carrier is also liable for the loss of, or damage to, vehicles,
including luggage carried in them, unless the carrier can prove that the incident that caused the loss
occurred without its fault or neglect.
Compulsory Insurance

The 2002 Athens Protocol requires carriers to maintain adequate insurance to cover the potential
liabilities to ensure that victims are compensated. Ships are to be issued with a certificate attesting
that insurance or other financial security is in force. Direct cause of acti